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Colorado Lawyer Rob Corry Says Medical Marijuana Dispensaries Should Ignore Federal Threats

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Rob Corry

image via cannabishealthnewsmagazine.com

By Steve Elliott of Toke of the Town

The federal prosecutor’s office sent out letters to 23 Colorado medical marijuana dispensaries this week, starting a promised crackdown on the businesses by targeting those located within 1,000 feet of schools. But one Denver lawyer who represents dispensaries is advising his clients to ignore the threats.

U.S. Attorney John Walsh said dispensaries within 1,000 feet of schools have until February 27 to shut down or face federal penalties, including asset seizure or forfeiture of property, reports Meagan Fitzgerald of 9 News.

Walsh’s office refused to release a list of targeted shops, but promised “another wave” of letters in the future.

“I think this is a colossal bluff on the part of our U.S. Attorney,” said Rob Corry, who represents dispensaries. “I don’t think he has the stomach or the resources for this kind of a battle.”

Corry said the federal prosecutor is “declaring war” on legislators and the governor who enacted some of the strictest rules for any industry in Colorado. He called it a “cowardly threat by the federal government.”

U.S. Attorney General Eric Holder told Colorado Congressman Jared Polis last month that if dispensaries are following state law, the federal Department of Justice will leave them alone, Corry said.

The Associated Press article, in error, claims that dispensaries closer than 1,000 feet to schools are grandfathered in under federal law. In fact, those were state regulations under which the businesses were grandfathered in. The regulations were passed in 2010, grandfathering in shops which were already open.

One possible complicating factor, according to Denver attorney Warren Edson, is that Colorado and the feds measure differently when determining that 1,000-foot buffer around schools. While Colorado measures from the front door of the dispensary to the edge of the school’s property line, federal officials measure from property line to property line as the crow flies — representing, of course, a considerably shorter distance, and opening the possibility that shops will be in compliance with Colorado law even while violating the federal guidelines.

Article From Toke of the Town and republished with special permission.

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3 Comments

  1. nazmunnaher on

    We have recently begun to accept new members
    for 2011-2012 and walk-ins are always welcome.
    We have lowered our pricing and now offer a 10% discount
    for Veterans & Students
    (with valid ID) and HIV & Cancer patients. 
    (All our TOP SHELF 1/8’s are capped at $40). 
    Since opening our doors in 2009 our
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  2. fashion@salsit on

    We have recently begun to accept new members
    for 2011-2012 and walk-ins are always welcome.
    We have lowered our pricing and now offer a 10% discount
    for Veterans & Students
    (with valid ID) and HIV & Cancer patients. 
    (All our TOP SHELF 1/8’s are capped at $40). 
    Since opening our doors in 2009 our
    Denver dispensary has stood by
    our product and offered a 100% Satisfaction Guarantee.
    http://www.tgtree.com/

  3. ConservativeChristian on

    Jesus said to do unto others as we would have them to do unto us. None of us would want our child or grandchild thrown in jail with the sexual predators over marijuana. None of us would want to see an older family member’s home confiscated and sold by the police for growing a couple of marijuana plants for their aches and pains. It’s time to stop putting our own family members in jail over marijuana.
    If ordinary Americans could grow a little marijuana in their own back yards, it would be about as valuable as home-grown tomatoes. Let’s put the criminals out of business and get them out of our neighborhoods. It’s time to let ordinary Americans grow a little marijuana in their own back yards.
    We can email our Congressperson and Senators at http://www.usa.gov/Contact/Elected.shtml to discuss HR 2306, the proposed Federal law that will get the Federal government out of the marijuana business and let states make their own laws.
    And a big THANK YOU to the courageous, freedom loving legislators, governors, and countless others who are working so hard to bring this through! You’re doing a great patriotic service for all of America!

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